Plea Bargaining For 7411
A defendant who pleads guilty to possession of drugs under MCL 333.7411 avoids a conviction and, in most cases, jail.
How to Get 7411 for Drug Possession
As discussed in an earlier blog post, prosecutors and courts are often willing to offer deals to defendants to get them to plead guilty. Without plea bargaining, the courts would be jammed up with thousands of trials, costing them time and money. The whole system would practically grind to a halt. So remember, the plea bargain is not just for your benefit. It’s for their benefit as well. One of the deals often offered is 7411. Attorneys who routinely represent clients on misdemeanor and federal drug offenses will have experience with plea bargaining for 7411 status and seeking a lenient sentence.
What is 7411? How do you get a 7411 plea bargain?
In this post, we look to MCL 333.7411, commonly known simply as 7411. This law grants a one-time chance to those charged with drug crimes so that they might avoid convictions on their records. Some similar legal mechanisms involve a conviction being entered and then coming off the defendant’s record at the conclusion of probation. With 7411, the conviction is never entered, and the matter is dismissed at the end of the probationary period determined by the court. Any evidence of the proceedings against the defendant is removed from the defendant’s criminal history and is not available to the public of businesses through the Michigan State Police records of criminal convictions.
Who Can Get 7411?
It is worth noting that 7411 is intended for those accused of drug possession and drug use, not distribution or intent to distribute. While there may be other plea bargaining tools available in distribution cases, the state of Michigan does not grant this particular deal to those found to be either dealing or attempting to deal or sell drugs. It is also worth noting that even if you qualify for it, you are not automatically entitled to 7411. While the statute does not require that the prosecution consent to a plea under 7411, judges often give great weight to the prosecutor’s opinion and may only allow it to be used if the prosecutor either recommends or doesn’t object to it. Because of the prosecutor’s potential influence, the most effective defense attorneys know how to work with the government while plea bargaining for 7411.
You Need the Right Lawyer
Your attorney must determine if you are eligible for a plea bargain to 7411 or if your charges can be changed to make you eligible. The lawyer must consider all of the available facts and information to make the determination. You need to hire an attorney who is well-versed in the law’s intricacies, the courts, and the prosecution’s methods. The right lawyer will know whether you qualify for 7411 status and will fight for you if the prosecutor is not initially offering a 7411 resolution. A top defense lawyer will also seek a dismissal, where one is possible. If you do take a plea bargain deal under 7411, the right lawyer will ensure that the terms of your probation are reasonably tailored so that you may gain an outright dismissal at the end of your case and that you are not set up for failure.
If you are looking for the right lawyer for your case in Oakland County, Wayne County, Macomb County, or anywhere in Michigan, contact the attorneys at LEWIS & DICKSTEIN, P.L.L.C., and we will find a way to help you. One of our criminal defense attorneys will consult with you to decide the best course of action as you move forward with your case. If we can find an opportunity for dismissal, we will pursue it. If a plea bargain under 7411 appears more appropriate, we will ensure that you are treated fairly by the court and seek out the best deal possible.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
